HomeMy WebLinkAboutord2021-040strikeFile ID: AB2021-363
File Created: 06/15/2021
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 07/13/2021
Whatcom County
Agenda Bill Master Report
File Number: AB2021-363
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: JFleisch@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: jfleisch@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 07/13/2021
Enactment #: ORD 2021-040
Ordinance amending the Whatcom County Code and Comprehensive Plan, requiring a site -specific
geotechnical analysis when mineral extraction is proposed within 500 feet of a gas or petroleum
transmission pipeline
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
A zoning code amendment and comprehensive plan text amendment requiring a site -specific
geotechnical analysis when mineral resource extraction is proposed within 500 feet of a gas or
petroleum transmission pipeline, in response to a Council directive to determine the minimum safe
distance between surface mining and pipelines to ensure pipeline integrity during seismic events. Final
approval of these amendments would occur as part of concurrent review of comprehensive plan
amendments from 2021.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/29/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
07/13/2021 Council ADOPTED
Whatcom County Page 1 Printed on 711412021
Agenda Bill Master Report Continued (AB2021-363)
Aye: 6 Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Abstain: 1 Byrd
Attachments: Staff Memo, Proposed Ordinance, Proposed Ordinance with Exhibit A, Staff Report
Whatcom County Page 2 Printed on 711412021
PROPOSED BY: Planning and
Development Services
INTRODUCTION DATE: 6/29/2021
ORDINANCE NO. 2021_ 040
AMENDING WHATCOM COUNTY CODE TITLE 20 AND THE COMPREHENSIVE
PLAN REGARDING SURFACE MINING APPLICATIONS WITHIN 500 FEET OF
GAS OR PETROLEUM PIPELINES.
WHEREAS, Whatcom County Council docketed a proposal to amend the
Whatcom County Comprehensive Plan and Whatcom County Zoning Code to
determine the minimum safe distance from a petroleum pipeline to allow surface
mining to be conducted, to ensure a pipeline will not become exposed or rupture
during an earthquake event and contaminate an aquifer; and
WHEREAS, the proposed amendment has been reviewed under the State
Environmental Policy Act (SEPA); and
WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning
and Development Services notified the Department of Commerce of the proposed
zoning text and comprehensive plan amendments; and
WHEREAS, notice of the Whatcom County Planning Commission hearing on
the proposed amendment was published in the Bellingham Herald; and
WHEREAS, the Whatcom County Planning Commission held a work session
on the proposed amendment; and
WHEREAS, the Whatcom County Planning Commission held a public hearing
on the proposed amendment and considered all testimony; and
WHEREAS, the Whatcom County Planning Commission forwarded its findings
and reasons for action to the County Council; and
WHEREAS, the Whatcom County Council has reviewed the Planning
Commission recommendation; and
WHEREAS, the Whatcom County Council held a work session in the Natural
Resources Committee; and
WHEREAS, the Whatcom County Council held a public hearing on the
proposed amendment and considered all testimony; and
Page 1
WHEREAS, the Whatcom County Council hereby adopts the following
findings of fact and conclusions:
FINDINGS
1. The proposed amendments were docketed by the Whatcom County Council
on March 12, 2019.
2. The Surface Mining Advisory Committee recommended approval of the
proposed amendments for approval on June 26, 2019.
3. A determination of non -significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on April 29, 2021. The associated comment
period ended May 13, 2021, and the appeal period concluded May 24, 2021.
4. A comment was received by the Department of Ecology on May 13, 2021,
recommending clarification on current issues with mineral extraction near
pipelines, potential and actual incidents resulting in damage to pipelines or
support structures due to mineral extraction, current restrictions on mineral
extractions within the vicinity of pipelines, and suggesting consideration of
additional safeguards.
5. A Revised DNS was issued on May 25, 2021, in response to Department
of Ecology comments.
6. The Planning Commission held a duly noticed public hearing on the proposed
amendments on June 10, 2021.
7. Notice of the proposed amendment was sent to the Department of
Commerce on April 21, 2021.
8. On April 21, 2021, the Department of Commerce acknowledged receipt of
the notice, and that a copy of the notice had been forwarded to other state
agencies.
9. The Growth Management Act (GMA) includes a planning goal that is relevant
to the proposed comprehensive plan amendment.
10. GMA Planning Goal #10: Protect the environment and enhance the state's
high quality of life, including air and water quality, and the availability of
water.
This amendment will require a site specific geotechnical analysis to ensure
aquifer protection is achieved through protection of gas and petroleum
pipelines during seismic events. The proposal aims to determine the
minimum safe distance from a petroleum pipeline to allow surface mining
to be conducted, to ensure mining operations will not increase the
Page 2
likelihood a pipeline becomes exposed or ruptures during an earthquake
event and contaminates an aquifer.
11. The Growth Management Act (GMA) includes comprehensive plan mandatory
elements that are relevant to the proposed comprehensive plan amendment
and ensure coordination between communities and jurisdictions to reconcile
conflicts.
12. Comprehensive Plan Land Use Element states, in part: The land use element
shall provide for protection of the quality and quantity of groundwater used
for public water supplies.
This amendment will require a site specific geotechnical analysis to ensure
aquifer protection is achieved through protection of gas and petroleum
pipelines during seismic events. The proposal aims to determine the
minimum safe distance from a petroleum pipeline to allow surface mining
to be conducted, to ensure mining operations will not increase the
likelihood a pipeline becomes exposed or ruptures during an earthquake
event and contaminates an aquifer.
13. Comprehensive Plan Rural Element shall, in part: "include measures that
apply to rural development and protect the rural character of the area, as
established by the county, by protecting critical areas ... and surface water
and ground water resources.
This amendment will require a site specific geotechnical analysis to ensure
aquifer protection is achieved through protection of gas and petroleum
pipelines during seismic events. The proposal aims to determine the
minimum safe distance from a petroleum pipeline to allow surface
mining to be conducted, to ensure mining operations will not increase
the likelihood a pipeline becomes exposed or ruptures during an
earthquake event and contaminates an aquifer.
14. Whatcom County's County -Wide Planning Policy N-2 states: The Cities and
the County in cooperation with other municipal corporations and tribal
governments shall adopt zoning regulations and development standards to
protect water resources. Where there are potential conflicts with designations
required by the Growth Management Act, such as natural resource lands and
critical areas, water resource protection shall generally have priority.
This amendment will require a site specific geotechnical analysis as part of
the zoning regulations to ensure aquifer protection is achieved through
protection of gas and petroleum pipelines during seismic events. The
proposal aims to determine the minimum safe distance from petroleum
pipelines to allow surface mining to be conducted, to ensure mining
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operations will not increase the likelihood a pipeline becomes exposed or
ruptures during an earthquake event and contaminates an aquifer.
15. There are no interlocal agreements affecting the proposed amendments.
16. Whatcom County Comprehensive Plan contains goals and policies that are
applicable to the proposal.
17. Goal 5M: Protect the citizens and the environment of Whatcom County
through informational, educational, and regulatory measures.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer. The proposal will require a site specific geotechnical analysis of
potential impacts to gas or petroleum transmission pipelines from mineral
extraction within 500 feet of pipelines.
18. Policy 5N-8: Require expanded land uses and facilities located nearer than
500 feet from the centerline of a transmission pipeline to not increase the
level of risk from a pipeline failure and use site design, building,
technological, and/or operational techniques to reduce or minimize risk.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer. The proposal will require a site specific geotechnical analysis of
potential impacts to gas or petroleum transmission pipelines from mineral
extraction within 500 feet of pipelines.
19. Policy 8L-1: Avoid significant impacts on adjacent or nearby land uses, public
health and safety, or natural resources from mineral extraction.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer. The proposal will require a site specific geotechnical analysis of
potential impacts to gas or petroleum transmission pipelines from mineral
extraction within 500 feet of pipelines.
20. Policy 8L-3: Avoid adversely impacting ground and surface water quality. The
protection of aquifers and recharge zones should have precedence over
surface mining in the event it is determined by the county that adverse
impacts cannot be avoided through the standard use of best management
practices. Avoid contamination of aquifers by using best management
practices for reclamation or on -site storage.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer. The proposal will require a site specific geotechnical analysis of
potential impacts to gas or petroleum transmission pipelines from mineral
extraction within 500 feet of pipelines.
21. Policy 10A-2: Protect the environment through a comprehensive program
that includes voluntary activity, education, incentives, regulation,
enforcement, restoration, monitoring, acquisition, mitigation, and
intergovernmental coordination.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer. The proposal will require a site specific geotechnical analysis of
potential impacts to gas or petroleum transmission pipelines from mineral
extraction within 500 feet of pipelines.
22. Goal 10G: Protect and enhance Whatcom County's surface water and
groundwater quality and quantity for current and future generations.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer.
23. Policy 10G-1: Maintain as a high priority the protection of water quality and
quantity.
The proposal aims to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event and contaminates an
aquifer.
24. There have been no studies made or accepted by PDS that indicate changed
conditions that show the need for the amendments. However, seismic events
are known to impact the structural integrity of infrastructure. The proposal
aims to determine the minimum safe distance from a petroleum pipeline to
Page 5
allow surface mining to be conducted, to ensure mining operations will not
increase the likelihood a pipeline becomes exposed or ruptures during an
earthquake event.
25. There would be no appreciable anticipated effect upon the rate or distribution
of population growth, employment growth, development, and conversion of
land as anticipated in the Comprehensive Plan as a result of the proposed
amendment. The proposal simply requires a site specific geotechnical
analysis to determine the minimum safe distance from a petroleum pipeline
to allow surface mining to be conducted, to ensure mining operations will not
increase the likelihood a pipeline becomes exposed or ruptures during an
earthquake event.
26. There is no appreciable anticipated effect upon the ability of the County
and/or other services providers, such as cities, schools, water and/or sewer
purveyors, fire districts, and others as applicable, to provide adequate
services and public facilities including transportation facilities as a result of
the proposed amendment. The proposal simply requires a site specific
geotechnical analysis to determine the minimum safe distance from a
petroleum pipeline to allow surface mining to be conducted, to ensure
mining operations will not increase the likelihood a pipeline becomes
exposed or ruptures during an earthquake event.
27. There is no appreciable anticipated impact upon designated agricultural or
forest lands. The proposal requires a site specific geotechnical analysis to
determine the minimum safe distance from a petroleum pipeline to allow
surface mining to be conducted, to ensure mining operations will not
increase the likelihood a pipeline becomes exposed or ruptures during an
earthquake event and contaminates an aquifer. The findings of the
geotechnical analysis may require a larger area of separation between mining
activities and pipelines than would presently be required. This may protect
the public interest of uncontaminated aquifers, as intended by the proposal.
28. The amendment does not include nor facilitate illegal spot zoning.
CONCLUSIONS
1. The subject comprehensive plan amendments and zoning text amendments
are consistent with the approval criteria of WCC 22.10.060.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom County Zoning Code is hereby amended as shown in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom County Comprehensive Plan is hereby amended as shown in Exhibit A
Page 6
BE IT FURTHER ORDAINED that if any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to be invalid
or unconstitutional; such decision shall not affect the validity of the remaining
portions of this ordinance. The Council hereby declares that it would have passed
this code and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases has been declared invalid or unconstitutional, then the original
ordinance or ordinances shall be in full force and effect.
0 j%1119Shc,ll6,d�®
A��Fki- day of Ju]y , 2021
-V � uy WHATCOM COUNTY COUNCIL
ATTEST-, �O�� ®WHATCOM COUNTY, WAS INGTON
Dana-13roWn a`u , 1er7of the Council arr " Bu anan, Council Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM: WHATCOM COUNTY, WASHINGTON
/s/ Royce Buckingham, approved via email / IL
Royce Buckingham
Civil Deputy Prosecutor
Page 7
Satpal Sidh , County Executive
Approved ( ) Denied Date
Signed: ' H W/i
Exhibit A
Whatcom County Code
Chapter 20.73 Mineral Resource Lands Special District (MRL)
20.81.030
A. Land Divisions, High -Consequence Land Uses, aif�d Essential Public Facilities and
Surface Mining.
20.73.150 Conditional uses.
.153 Surface mining subject to Washington State's Surface Mining Act
(Chapter 78.44 RCW); provided, that:
(9) When mineral extraction is proposed within 500 feet of a gas or petroleum
transmission pipeline, a site specific geotechnical analysis of potential impacts to
the pipeline is required The analysis shall show that mining will not result in an
increased likelihood of the pipeline becoming exposed or rupturing during an
earthquake, and shall consider various seismic scenarios with a 2 percent
probability of exceedance in 50 years on both proximal crustal faults and at the
Cascadia Subduction Zone.
Whatcom County Comprehensive Plan
Chapter 8 - Resource Lands
Goal 8L: Ensure mineral extraction industries do not adversely affect the people
and other properties in the vicinity, by establishing appropriate and
beneficial designation and resource conservation policies, while
recognizing the rights of all property owners.
Policy 8L-9• Through a site specific geotechnical analysis of potential impacts,
ensure mineral extraction within 500 feet of gas or petroleum
transmission pipelines will not result in an increased likelihood of the
pipeline becoming exposed or rupturing during an earthquake